Monday, December 5, 2016

Important Consideration that can Affect your Criminal Case

Learn More About What Items Can Affect Your Case

One of the first questions that people involved in a criminal case asks their lawyer is “What are my chances of winning this case at trial?” The answer will depend on several factors. The following are just some of the most important factors or considerations that can affect your criminal case and why you need to hire an experienced criminal attorney. Learn more about our criminal services.

Evidences and facts of your case – The evidence and the facts about your case is a major consideration when it’s time to rule of the case. The court whether the judge or jury, will looks into all the information provided during a trial and use this information to formulate a conclusion to decide whether or not you are guilty. The facts and evidence can either help or harm your case. Things, like audio, video and forensic evidence, witness accounts and their credibility as witnesses and admissions are all part of the “facts” that will be presented in your case.

How evidence is obtained – Some evidence is obtained illegally. Once the court finds out about this, they deem the evidence inadmissible. This means that no matter how much it can help or harm your case, if it was obtained using illegal means, the court will not consider that evidence as part of the trial. Other reasons why evidence becomes inadmissible is when the crime scene or the evidence itself was not handled properly.

Your criminal record – The court also looks into your criminal record when it’s time to present your sentence. First time offenders of non-heinous criminal cases are sometimes given only the minimum punishment. Repeat offenders often get higher sentences, as are people who commit the same crime repeatedly.

The severity of the crime – The court takes into consideration the severity of your crime. If you are convicted for a DUI but no harm was done on anyone or anything and you truly show the judge that you are repentant then maybe you can end up with a minimum punishment and minimum fines for that crime. If your DUI comes with drug charges or someone had been harmed, then the court will likely give you a higher level of punishment if you are found guilty. If there is also evidence of criminal damages, then you may need to consult with a criminal damage attorney in Scottsdale like Robert A. Dodell.

The prosecutor handling your case – Some prosecutors are more forgiving than others. Some are more reasonable when it comes to resolving a case without going into trial while others want harsh penalties with a conviction. Prosecutors will always make a recommendation for the sentence to the judge.

Your attorney and how he handles your case – Some lawyers are diligent and make sure that they have all the bases covered when it comes to your case. They make sure that for every argument that the complainant has, they have a counter argument available. Your attorney’s negotiation skills will also help determine the type of plea offer extended.

The judge assigned to your case – Judges handle cases differently. Some judges are stricter, while others are more forgiving. Their interpretation of the law also sometimes varies as well. Some judges will give you a long jail time without fine while others will give a shorter jail time and bigger fine for the same crime. The judge’s decision will depend on the facts of the case and evidence for mitigation of a sentence provided to the court.